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HomeMy WebLinkAbout09-5903W-,--G9. 5?0,3 &;,,?) _r41111 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA STEVEN C. THOMAS 2009-NO-4307-31 623 BROOKHAVEN RD NEW CUMBERLAND, PA 17070 VERSUS BRETT SPEESE 103 ROSEMONT AVE NEW CUMBERLAND, PA 17070 WRIT OF EXECUTION NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300.00. There are other exemptions, which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: 1. Fill out the attached claim form and demand for a. prompt hearing. 2. Deliver the form or mail it to the Sheriff's Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE; SET FORTH BELOW TO FIND OUT HWERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ATTORNEY CONNECTION OF THE YORK COUNTY BAR ASSOCIATION 137 EAST MARKET ST YORK, PA 17401 TELEPHONE NO. (717) 854-8755 WWW.YORKBAR.ORG/ATTORNEYCONNECTION MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA STEVEN C. THOMAS VERSUS BRETT SPEESE 2009-NO-4307-31 CLAIM FOR EXEMPTION TO THE SHERIFF: I, the above name defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be [ ] (i) set aside in kind (specify property to be set aside in kind). [ ] (ii) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specify property and basis of exemption): (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300.00 statutory exemption: [ ] in cash; [ ] in kind (specify property) (b) Social Security benefits on deposit in the amount of (c) Other (specify amount and basis of exemption): I request a prompt Court hearing to determine the exemption. Notice of the hearing should be given to me at: (include address and. telephone number) I verify that the statements made in this Claim for Exemption are true & correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: DEFENDANT: THIS CLAIM TO BE FILED WITH: CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6390 Note: Under paragraphs (1) and (2) of the writ, a description of specific property to be levied upon or attached may be set forth in the writ of included in a separate direction to the sheriff. Under paragraph (2) of the writ, if attachment of a named garnishee is desired, his name should be set forth in the space provided. Under paragraph (3) of the writ, the sheriff may, as under prior practice, add as a garnishee any person not named in this writ who may be found in possession of property of the defendant. See; Rule 3111(a). For limitations on the power to attach tangible personal property, see Rule 3108(a). (b) Each court shall by local rule designate the officer, organization or person to be named in the notice. In the Court of Common Pleas of York County, Pennsylvania WRIT OF EXECUTION . STEVEN C. THOMAS Case No. 2009-NO-4307-31 Vs. BRETT SPEESE To the Sheriff of CUMBERLAND County: To satisfy the judgment, interest and costs against BRETT SPEESE, 103 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070, Defendant, (1) you are directed to levy upon the property of the Defendant and to sell the Defendant's interest therein; (2) you are also directed to attach the property of the Defendant not levied upon in the possession of , Garnishee, (Specifically describe property) PERSONAL PROPERTY and to notify the Garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the Garnishee is enjoined from paying any deft to or for the account of the Defendant and from delivering any property of the Defendant or otherwise disposing thereof; (c) the attachment shall not include any funds in an account of the Defendant with a bank or other financial institution (i) in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or (ii) that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the Defendant"s general exemption provided in 42 Pa.C.S. § 8123. 2009-NO-4307-31 (3) if property of the Defendant not levied upon and subject to attachment is found in the possession of anyone other than a named Garnishee, you are directed to notify such other person that he or she has been added as a Garnishee and is enjoined as above stated. Amount of judgment: $2,200.00 Docket costs: $204.25 INCLUDES DJ COSTS OF $123.00 Amount of interest: Attorney fees/Commission: plus Sheriff's costs. Seal of the Court Date: AUGUST 20, 2009 Requested by: STEVEN C. THOMAS, PLAINTIFF 623 BROOKHAVEN ROAD NEW CUMBERLAND, PA 17070 (717) 307-7168 e--u Prothonotary PAMELA S. LEE, PROTHONOTARY MY COMMISSION EXPIRES JANUARY 2, 2012 By Deputy rl - , FILFf OF THE 290 A'„G 21 W,+? f . s? 3 ? 5b C ,k 7 /,5 F &.,- 2 a 9 9/ I R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor °OW OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant TZ, September 21 2009 Steven C. Thomas X -F vs (V rj C J Brett Speese t = -' Writ No. 2009-NO-4307 31 ? > ; , Property Claim Determination? <-' To Whom It May Concern: Reference is made to Property Claim dated September 21, entered by Angie Ott, Writ of Execution No. 2009NO-4307-31 Civil Term, Steven C. Thomas vs Brett Speese. R. Thomas Kline, Sheriff, has determined that the claimant, Angie Ott, in the above mentioned property claim, is the owner of the property set forth in the claim. So Answers: cc Steven C. Thomas, Plaintiff Brett Speese, Defendant Angie Ott, Claimant i R. T dmas Kline, Sheriff By OF NOTICE OF PROPERTY CLAIM Steven C Thomas In the Court of Common Pleas York County, Pennsylvania VS Bret Speese No. 2009-NO-4307-31 Civil Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Angie Ott claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date X--10-09 Cc Steven Thomas, Plaintiff Bret Speese, Defendant Angie Ott, Claimant Sheriff of Cumberland County 1, /V j V/ M44 Z ' PIZ bPERTY CLAIM - S?efen ?•??[?n?af VS TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No.; 409 - uo -13 of -; I The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE LiR, 101011 K,} Iaf &Se BC-i4 SO ors [ kGlvwi I 1amD l pv+E J OVI-Qt ?(OA porgy - l rs VIE CLAIMANT OBTAINED TITI E TO TIM PRO AS CUf?4+nsi?lof?.o? 1e06.da Ynn_i,A a0.e11 930(1,00 60.00 61 ,c®n . 00 F 106.00 n l l f S 200 t s p V ?41 3 T uy I k h i?d V. 04 J. ore&$ Date -01 Claimant A2i c- -e- lpk State of Pennsylvania: County of Cumberland being duly sworn according to law, deposes and says that the above list in the property claim are correct and true. Sworn ar?d subscn ed to before SM AM 61;?, att, 4-M Cry E day o Claimant TWs -U, A. BRE1NBAl?R, NOTARY PUBLIC 105 ?taSEM eh.r f}vy tv lic Cap iisie Boro, Cumberland County Irv Cc bFa ci, p14 . [ 70 76 My Commission Expires April 4,2013 717 - ,635- q33 2 - ?n t? p? ?o c-?? S???tMu?? ?ufc?wst? jn?-ctland -- oa?o? All Aufts o6t 4 e? kub?t, rand- Coue-k 6 o -4 4(oJ d??orc?e . 04 kt A C ? t ?t?vvttb ?-e IOWeS WAtn ?fC Sid ho?b?e, Gh("t-eCr4jje"j 0+(Yl. ? ?? ?kQ?, -- i ?'?'' ?(o M ?!? ? ork wor k-• d skew h?u ?t ?,? Bc5k RJY 3/a8 A 1 ejl oqy 64of M. t. a4 (,6l? 501 uho j 1n IT ? 3a?? bob S ski ??l?v< s +1 ?i( ? ?.-e W 111 ` ?d 5 ??f 4dt(a 1 n Asti G?S? ?S?-ter- t,? Jrc + ?'?h?G CA,mti wA kodst. JOG C-. 1(OI% t n ?O?rd G?4J? 1 ?, `an1 ow u Vvu AA ,' 44&uU(l Gn( ?6,,.k e,6k('Ij S?s?c ?e?v s ,fort . 0vas d Fr Qa??f -?c ?f? aw i S-e Credo ?d . .~ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Steven C. Thomas vs. Brett Speese SHERIFF'S OFFICE OF CUMBERLAND COUNTY V~i.3xt`,. of ~tt~r.LeT,r,~~~ b ,~ +.. ~;rr~ce c~ -Hv : ~~~tFr FIf ~D-~~-~-fr a .-~,~s~,. _,1 ~,,::: Case Number 2009-NCB-4r39~~31 a{1t SHERIFF'S RETURN OF SERVICE 09!09/2009 11:30 AM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on August 29, 2009 at 1110 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Brett Speese, by making known unto Brett Speese, at 103 Rosemont Avenue, New Cumberland, Cumberland County Pennsylvania 17070, its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, the defendant refused to allow a levy to be completed. On September 9, 2009 at 1352 hours, the defendant did agree to allow a levy to be completed (note: defendant had been served prior to this date). Postcard and copy of levy mailed to plaintiff and letter mailed to defendant on 09-10-09. 09/10/2009 On Thursday, September 10, 2009, at 1059 hours, a property claim was filed by Angie Ott. All parties notified by mail this date. 09/21/2009 Reference is made to Property Claim dated September 10, 2009, entered by Angie Ott, Writ of Execution No. 2009-NO-4307-31 Civil Term, Steven C. Thomas vs Brett Speese. R. Thomas Kfine, Sheriff, has determined that the claimant, Angie Ott, in the above mentioned property claim, is the owner of the property set forth in the claim, 03/2412010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $ 1 3 3. 1 1 March 24, 2010 SO ANSWERS, ~~: RON R ANDERSON, SHERIFF .,.., By ,~~Sharon R. Lantz ~~ ~cj Ccuni, Suite She^`f, Te!2c=oft. Inc.